HomeMy WebLinkAboutCouncil Minutes - 1998-01-19COU NCIL\1998-01-19
JAN UARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by Lisa Cameron from the King School of Vocal.
Mayor C. Zehr spoke to the recent passing of former Councillor Mike Wagner, noting his extensive
contribution to the community, both as an educator and a member of Kitchener and Regional Councils.
He praised Mr. Wagner's efforts as an advocate for the heritage and cultural communities, noting that his
efforts in these and other areas will be gratefully remembered for years to come.
Moved by Councillor M. Yantzi
Seconded by Councillor Jake Smola
"That this Council express its deep sense of loss following the recent passing of former Councillor
Mike Wagner.
His substantial impact on this community has been and will continue to be felt by untold individuals
for years to come. These include the citizens of the community during his term as a City
Councillor as well as former students, the supporters of Arts & Culture, Heritage Preservation and
Sports-related activities.
And further, that this City Council's deepest sympathy be conveyed to his bereaved wife, mother
and family."
Carried.
Those in attendance then rose and observed a moment of silence in memory of Mike Wagner.
On motion by Councillor M. Yantzi, the minutes of the regular meeting held on December 15, 1997 and
special meetings held December 15, 1997 and January 12, 1998, as mailed to the Mayor and
Councillors, were accepted.
A. COMMUNICATION REFERRED DIRECTLY TO FILE -
(1)
Letter dated January 6, 1998 from the Honourable Al Leach, Minister of Municipal Affairs &
Housing commenting on Council's resolution of August 18, 1997 regarding municipal
liability.
B. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE -
(1)
Letter dated January 14, 1998 from R.W. Pritchard, General Manager of Corporate
Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of
taxes.
Ms. Karen Redman, M.P. - Kitchener Centre, appeared and congratulated the City on its becoming a
member of the 20% Reduction Club by virtue of reducing the municipality's emission of pollutants. She
congratulated members of Council for making this commitment and presented a certificate issued on
behalf of the Ministry of the Environment and the Federation of Canadian Municipalities. Ms. Redman
explained that private sector groups and organizations can also participate in this program and should be
encouraged to do so.
Mayor C. Zehr accepted the certificate on behalf of Council.
Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions regarding the tenders
listed on the Committee of the Whole agenda of this date. He also asked for Council's consideration of
the recommendation in the memorandum circulated this date regarding Expression of Interest E98-6, a
pre-qualification of General Contractors for reconstruction of the Henry Sturm Greenway through
Monarch Woods. He explained that early consideration is necessary in order for work to proceed during
the winter season while the ground is frozen.
Councillor J. Ziegler asked that Proposal P97-106 (Kitchener Downtown Lighting Fixture Supply) be dealt
with separately.
JANUARY 19, 1998
COUNCIL MINUTES
- 8-
CITY OF KITCHENER
Councillor Jake Smola noted that seven (7) of the vehicles on the City Fleet Tender T97-130 are powered
by compressed natural gas and commended staff on this initiative to preserve the environment. He also
requested a report and discussion on how far the City is prepared to go in order to promote alternative
fuel use within the City fleet.
Moved by Councillor Jake Smola
Seconded by Councillor G. Lorentz
"That Tender T97-130, Fleet Vehicles (Vans, PickUp Trucks & Crew Cabs), be awarded as
follows:
Item #1 - one (1) - Compact PickUp Truck (1,500 lb.) payload, complete to specification CKF-307 -
to Forbes Motors Inc., Waterloo, at their tendered price of $16,282., plus G.S.T. and P.S.T.
0Item #2 - three (3) - Compact Extended Cab PickUp Trucks (1,500 lb.) payload, complete to
specification CKF-306 - to Steve Scherer Pontiac Ltd., Kitchener, at their tendered price of
$54,327., plus G.S.T. and P.S.T.
Item #3 - six (6) - 2,540 kg (5,600 lb.) G.V.W. PickUp Trucks, complete to specification CKF-87A -
to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $113,442., plus G.S.T. and P.S.T.
Item #4 - one (1) 2,404 kg (5,300 lb.) G.V.W. Extended Mini Cargo Van, complete to specification
CKF-94C - to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $19,045., plus G.S.T.
and P.S.T.
Item #5 - one (1) 2,404 kg (5,300 lb.) G.V.W. Mini Window Van, complete to specification CKF-95
- to Parkway Ford Sales (1996) Limited, Waterloo, at their tendered price of $21,771., plus G.S.T.
and P.S.T.
Item #6 - one (1) 2,948 kg (6,500 lb.) G.V.W. Standard Van, complete to specification CKF-92 - to
Weiland Ford Sales Ltd., Kitchener, at their tendered price of $19,766., plus G.S.T. and P.S.T.
Item #7 - two (2) 3,878 - 3,946 kg (8,500 lb. - 8,700 lb.) G.V.W. Standard Vans complete to
specification CKF-92A - to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $41,240.,
plus G.S.T. and P.S.T.
Item #8 - one (1) 4,263 kg (9,400 lb.) G.V.W. Extended Cargo Van complete to specification CKF-
88 - to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $23,933., plus G.S.T. and
P.S.T.
Item #9 - one (1) 3,991 kg (8,800 lb.) G.V.W. All Wheel Drive Cab & Chassis complete to
specification CKF-282 - to Forbes Motors Inc., Waterloo, at their tendered price of $30,667., plus
G.S.T. and P.S.T.
Item #10 - two (2) 4,536 kg (10,000 lb.) G.V.W. Dual Rear Wheel Conventional Cab & Chassis
complete to specification CKF-98 - to Forbes Motors Inc., Waterloo, at their tendered price of
$47,172., plus G.S.T. and P.S.T.
Item #11 - five (5) 4,536 kg (10,000 lb.) G.V.W. Dual Rear Wheel Crew Cab & Chassis complete
to Specification CKF-242 - to Forbes Motors Inc, Waterloo, at their tendered price of $132,510.,
plus G.S.T. and P.S.T.
Item #12 - two (2) 4,536 kg (10,000 lb.) G.V.W. Dual Rear Wheel Crew Cab & Chassis c/w Heavy
Duty Utility Body complete to specifications CKF-242 and CKF-198A - to Steve Scherer Pontiac
Limited, Kitchener at their tendered price of $69,140., plus G.S.T. and P.S.T.
Item #13 - two (2) 5,216 kg (11,500 lb.) G.V.W. Cut-Away R.V. Cab & Chassis with a 3.9 Metre (13
Foot) Fibreglass Van Body complete to specification CKF-91 - to Parkway Ford Sales, Waterloo at
their tendered price of $78,832., plus G.S.T. and P.S.T."
-and-
"That Tender T97-139, Printing of Leisure Magazine, be awarded to Annex Publishing & Printing
Inc., Tillsonburg, at their tendered price of $69,514.66 (Option I) plus G.S.T. and P.S.T.
COUNCIL MINUTES
JANUARY 19, 1998
-9-
CITY OF KITCHENER
-and-
"That Tender T97-117, Elevator Service, Repair and Full Maintenance, be awarded to
Montgomery Kone Elevator, Hamilton at their tendered price of $123,935.64, plus G.S.T."
-and-
"That Tender T97-138, Bus Tires, be awarded to Bast Tire & Auto Service, Waterloo at their
tendered price of $58,834.88, pis G.S.T. and P.S.T."
-and-
"That Expression of Interest E98-6, pre-qualification of General Contractors for reconstruction of
Henry Sturm Greenway through Monarch Woods, be awarded to the following eight (8)
Contractors:
R & M Construction (Acton);
Sartor and Susin (Maple);
Rutherford Contracting Limited (Gormley);
CRA Contractors Limited (Waterloo);
Cambridge Landscaping Inc. (Cambridge);
Gateman Milloy Inc. (Kitchener);
Subterra Waterloo Inc. (Kitchener) and
Gabions Inc. (Ayr)."
Carried.
Moved by Councillor Jake Smola
Seconded by Councillor G. Lorentz
"That Proposal P97-106, Kitchener Downtown Lighting Fixture Supply, be awarded as follows:
Product Group 1 - (King Street fixtures and poles) year 1, to Lumca Inc., Sainte-Foy, Quebec at
their proposed price of $115,874., plus G.S.T. and P.S.T.
Product Group 2 - (Small lantern fixtures and poles) year 1, to Zed Lighting Inc., Laval, Quebec at
their proposed price of $51,264., plus G.S.T. and P.S.T."
Councillor J. Ziegler enquired whether it may not be prudent to defer consideration of the tender for
downtown lighting fixtures to the 1998 budget deliberations. Councillor M. Yantzi noted that it was his
understanding the funding referred to is for a pilot project only and that the rate at which subsequent
installations take place is entirely within Council's control. He suggesting approving the pilot project and
subsequently, considering the speed of implementation as part of the 1998 budget process. Councillor T.
Galloway added that the fixture replacement parallels road segment reconstructions and that such
implementation is itself subject to Council agreeing to all of the road reconstructions. He specifically
enquired whether the capital project respecting reconstruction of King Street between Cedar and Scott
Streets has been approved. Mr. D. Snow replied that this is the second phase of a project the City is
already committed to, and some of the funds were budgeted in 1997 and are being carried forward into
1998. He also advised light replacement is being funded using 1997 dollars. He further stated that the
Charles Street segment is the only stretch to which the City has not previously committed. Councillor
Galloway clarified that unspent 1997 funds do not automatically translate into 1998 expenditure
approvals.
Mr. J. Gazzola advised that he had requested the comprehensive costing before Council this date on the
basis that it had not been presented in the past and that the entire cost of the conversion should be
considered as a unit. He further verified that funds outside of the pilot project have not been allocated.
Councillor K. Taylor-Harrison indicated her support as these measures were endorsed by the Safe City
Committee and replacement was consciously planned in conjunction with road reconstruction so as to
avoid unnecessary duplication and future cost. Councillor J. Ziegler pointed out that conversion of the
entire Downtown to the new standards would be involved as reconstruction occurs and that the City
would be committing itself to a $1.4 million expenditure to change to a new pole standard. He questioned
whether it would be feasible to enhance lighting on existing standards. Mr. D. Snow replied that Option
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
#3 of the report, representing the cheapest cost, is essentially a do nothing option and involves
replacement with the same luminaires, consequently ignoring the Safe City Committee objectives.
Mr. J. Gazzola clarified that there are two components to this project, the first being an increase in the
number of light fixtures and the second an improvement in the existing pole standards, with the cost
differential being less than 10%. He pointed out that the most significant cost is in increasing the number
of light standards in the Downtown. Councillor J. Ziegler advised that he supports the pilot project with
the explanation provided.
Councillor T. Galloway advised that though he supports the Safe City Committee's recommendations, he
is concerned with the timing of the project and the fact that endorsing the project tonight would amount to
pre-budget approval of the related construction projects. He added that one of the options the City has to
deal with Provincial downloading is to slow down the capital program and the five road reconstruction
projects involved represent a significant amount of road construction cost in 1998. Ms. P. Houston
clarified that Council would in fact be giving pre-budget approval for the roadway reconstruction by
approving this date the replacement lighting program. Councillor J. Ziegler indicated it was his
understanding that Council would be approving the fixture replacement for the pilot project alone and not
the timing of the replacement. Mr. J. Bailey pointed out that reconstruction of the various road segments
have been deferred before, and that further deferral may result in increased street lighting costs in future.
He also noted that the Downtown merchants are hoping that the City will begin road reconstruction as
early as possible in the Spring so as to minimize the impact on businesses, and this would require that
the tenders be let as soon as possible. Deferral of the lighting approval would also mean deferral of the
road projects or a possible delay in construction.
Moved by Councillor T. Galloway
Seconded by Councillor J. Ziegler
"That consideration of Proposal P97-106 (Kitchener Downtown Lighting Fixture Supply) and
related road reconstructions be deferred and referred to the January 23, 1998 meeting of the
Finance and Administration Committee to review the Capital Budget, with its recommendation to
be considered by Council at the next available meeting."
A recorded vote was requested.
In Favour:
Councillors John Smola, J. Ziegler, J. Haalboom
and T. Galloway.
Contra:
Mayor C. Zehr, Councillors K. Taylor-Harrison,
M. Yantzi, Jake Smola, B. Vrbanovic, G. Lorentz
and C. Weylie.
Motion Lost.
Council then voted on the main motion, moved by Councillor Jake Smola and seconded by Councillor G.
Lorentz, in respect to Proposal T97-106 (Kitchener Downtown Lighting Fixture Supply) and the motion
Carried Unanimously.
Mr. Paul Grespan appeared on behalf of Doyle Investments, the owner of 245 Strasburg Road, and in
support of Clause #2 of the Planning and Economic Development Committee report of this date involving
extension of the services of Royal LePage - Strategic Advisory Services. Mr. Grespan advised that his
client is anxious to conclude the matter involving the Strasburg property as the process has been
underway for 1 1/2 years.
Mr. T. McCabe advised that he had spoken with the consultant in question and clarified that an impartial
review and comment on all reports and studies submitted to date would cost approximately $3,000 and
not the $5,000 amount referred to in the recommendation. He also advised that the consultant had
agreed to provide detailed comment on the criticism of his own report at no additional cost to the City.
Councillor C. Weylie then brought forward Clause #2 of the Planning and Economic Development
Committee report and amended same by reducing the $5,000 amount to $3,000.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
COUNCIL MINUTES
JANUARY 19, 1998
- 11-
CITY OF KITCHENER
"That Clause #2 of the Planning and Economic Development Committee report of this date be
adopted, as amended."
Carried.
Mr. Glenn Scheels appeared on behalf of Monarch Construction Limited and in support of Clause #5 of
the Planning and Economic Development Committee report of this date dealing with his client's Zone
Change and Subdivision Applications.
Council was also in receipt this date of a report from L. Masseo dated January 15, 1998 in response to
questions raised by Councillor J. Haalboom on January 13, 1998. They were also in receipt of
correspondence from Ms. L. MacDonald, dated January 19, 1998.
Mr. Glenn Scheels advised that Monarch Construction Limited supports the two amendments referred to
in the January 15, 1998 report relating to the monitoring of private wells and the varying location and
alignment of the sidewalk on Autumn Ridge Trail. Mr. Scheels also referred to a previous request to
change two of the street names in response to concerns raised by Councillor J. Haalboom, and advised
that he is willing to change one of the street names; namely, Gleneagle Court, to Fischer Court in
recognition of the heritage of the area.
Mr. David Jones, a resident of Doon Village Road, appeared and expressed concern with the ongoing
traffic situation on Doon Village Road and its dangerous use by commuters. He suggested that the City
speak with the Region and correct the problem, possibly by moving the entrance to Doon Village Road
closer to Highway 401 and constructing a turnoff lane. Alternately, construction of the Doon Village Road
Diversion could be accelerated. He suggested that the City's inability to deter speeding is a concern and
poses a danger to pedestrians, particularly children.
Councillor C. Weylie advised that on February 9, 1998 at 8:30 a.m. the Public Works and Transportation
Committee will discuss this roadway issue.
Mr. Michael Douglas, a resident of Doon Village Road, appeared and noted that the primary objective of
the Upper Doon Heritage Conservation District Plan was to preserve the quiet and rural character of the
former Doon Village. He spoke to the need to reduce traffic on Doon Village Road through monitoring,
traffic control and ultimately converting it to a cul-de-sac. He advised that in his opinion, a cul-de-sac is
necessary to ensure both safety and heritage preservation.
Mr. Ernest Lucy, a resident of Doon Village Road, appeared and noted that despite extensive
consultation to date, the traffic issue remains a problem, and voiced his support of the Director of Traffic &
Parking's efforts to implement traffic calming measures along Doon Village Road.
Mr. Richard Haalboom appeared and circulated extracts from the Upper Doon Heritage Conservation
District Plan. He referred to requirements in the Planning Act that new developments not be approved in
isolation or in the absence of considering the overall public interest. He characterized the Doon
community as threatened by the new subdivision. He pointed out that the Heritage Plan has been in
existence for approximately ten years and referred to several references therein which indicate that the
Doon South Subdivision must be considered in terms of its impact on the Conservation District. Mr.
Haalboom noted that Doon Village Road was initially built as a connector road on the understanding that
a diversion would be constructed to ease traffic volumes. He suggested that the conclusion and solution
are simple ones; namely, dead end Doon Village Road thereby saving approximately $3,000,000, but
requiring the subdivision to re-arrange its road pattern.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That clause #5 of the report of the Planning and Economic Development Committee of Council of
this date be adopted with the following amendments: changing the name of Gleneagle Court to
Fisher Court; adding a new Condition No.89 in respect to the monitoring of private wells; and,
modification of Condition No.63 to add a new paragraph in regard to the location and alignment of
the sidewalk on Autumn Ridge Trail (the two latter amendments as outlined in the report of L.
Masseo dated January 15, 1998)."
Councillor J. Haalboom referred to the pros and cons of the proposed subdivision plan noting that it will
result in the preservation of wetlands and the development of a trail system, but at the loss of mature
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
forest land due to the proposed location of Autumn Ridge Trail. She stressed the need to ensure
preservation of the Stauffer Icg house setting and a portion of Topper Woods. Councillor Haalboom also
referred to the need to consider people and pedestrian use patterns in regard to the subdivision plan,
particularly the issue of how children will cross the main roads. She asked that the minutes record her
opposition to construction of the collector road known as Autumn Ridge Trail through Topper Woods.
Councillor Haalboom then proposed the following amendment.
Moved by Councillor J. Haalboom
Seconded by Councillor J. Ziegler
"That Item No.54 in clause #2 of the Planning and Economic Development Committee report of
this date be amended so as to make Phase II part of Stage I of the development."
Motion Lost.
Councillor T. Galloway commended Monarch Construction for its willingness to negotiate in respect to the
plan of subdivision; however, he advised he is very disappointed that consideration of this issue is not
being deferred until the Doon Village Road issue is dealt with on February 9 so that both may be
considered concurrently. Councillor Galloway characterized this move as going back on promises
previously made to constituents.
Moved by Councillor J. Ziegler
Seconded by Councillor T. Galloway
"That consideration of clause #5 of the Planning and Economic Development Committee report of
this date be deferred and referred to the February 16, 1998 Council meeting pending the outcome
of discussion at the February 9, 1998 meeting of the Public Works and Transportation Committee
on the traffic problem involving Doon Village Road."
A recorded vote was requested.
In Favour: Councillors T. Galloway, J. Haalboom, K. Taylor-
Harrison and J. Ziegler.
Contra: Mayor C. Zehr, Councillors M. Yantzi, John Smola,
Jake Smola, B. Vrbanovic, G. Lorentz and C. Weylie.
Motion Lost.
Council then voted on the main motion to adopt clause #5 of the Planning and Economic Development
Committee report of this date, as amended, and it was Carried on a recorded vote.
In Favour: Mayor C. Zehr, Councillors K. Taylor-Harrison, M.
Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler, T.
Galloway, G. Lorentz and C. Weylie.
Contra: Councillor J. Haalboom.
Mr. Arnold Attwooll, owner/operator of Reggie's, appeared and requested permission to operate a hot dog
cart in front of his establishment on a year round basis. Mr. Attwooll explained that he had previously
asked and received approval to amend the encroachment agreement to allow operation beyond
November 30 on a trial basis, and would now like to extend this arrangement to the entire year.
Ms. L. MacDonald advised that the cart is now operating without an encroachment agreement, the former
agreement having expired at the end of December. She advised that staff have received complaints that
the hot dog cart was plugged into a hydro pole, that there were spills on the sidewalk and that a
combustible make-shift shelter was constructed to protect the operator. Mr. Attwooll responded that he
has rectified any problem or contravention which was brought to his attention. Councillor B. Vrbanovic
enquired as to any snow clearing problems and Mr. S. Gyorffy advised that no complaints had been
received about this location; however, he would have concerns with a proliferation of carts in the
Downtown as they would interfere with sidewalk snow clearing. Mr. Attwooll responded that normally the
cart is not in operation until noon and cannot be moved at all in the event of a heavy snowfall. In
response to a further question, he advised that the Manager of the Walper Terrace Hotel has not
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
expressed any concerns regarding the hot dog cart.
Moved by Councillor M. Yantzi
Seconded by Councillor G. Lorentz
"That Reggie's be granted permission to operate a hot dog cart at the present, previously licensed
location in front of the Walper Terrace Hotel for the period January 21 to March 31, 1998,
inclusive; and further,
That the Mayor and Clerk be authorized to execute any required encroachment agreement to the
satisfaction of the City Solicitor."
Carried.
Mr. James Prevost appeared and circulated correspondence from Curtain Call Productions outlining a
request for a grant in the amount of $6,963.56 to cover expenses for the rental of the Centre In The
Square in conjunction with a concert, the proceeds of which are to be donated to the victims of the recent
ice storm in Eastern Ontario and Quebec. Mr. Prevost advised that he would cover the cost associated
with the unionized stage hands by some other means.
Mayor C. Zehr referred to assistance already provided by the community, specifically Kitchener-Wilmot
Hydro, Waterloo North Hydro and the City of Kitchener Fire and Parks & Recreation Departments.
Mr. David Mitchell, Canadian Red Cross, was also in attendance and advised that the Red Cross is
lending its name to the event but will not be involved in its management.
Councillor J. Ziegler suggested that other municipalities should also be approached to share the cost,
though in his view, Kitchener could donate one-third of the rental expenses. Mr. Prevost advised that
time constraints make it impractical for him to approach other municipalities at this time.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Ziegler
"That in the event the production at the Centre In The Square to benefit the victims of the recent
ice storm in Eastern Ontario and Quebec goes ahead as planned, Council grant an amount of
approximately $2,100 toward rental of the Centre In The Square, and that prior to release of any
funds in this regard, staff be provided with a complete financial statement for the event."
In response to a question, Mr. J. Gazzola advised that in the past the Centre In The Square has had a
fund for this type of request; however, he could not recall a request of this magnitude. Councillor T.
Galloway questioned whether this would set an unfavourable precedent and offered the suggestion that
the City could send a cheque directly to the Red Cross, noting that he plans to raise this issue under New
Business later in the meeting. Councillor J. Ziegler argued that a $2,100 amount is a small investment
given the likelihood that the event will attract thousands of dollars in donations. He suggested that in the
event the production does not go forward, Council could request that the Centre In The Square direct the
City's grant payment to the Red Cross for relief efforts.
The previous motion by Councillor B. Vrbanovic, seconded by Councillor J. Ziegler, was then voted on
and Carried.
Ms. Linda Wall, owner of "Just Between Us", a clothing store tenant in the City Hall, appeared and
requested approval of a variance in allow her to construct an internally lit portable sidewalk sign for
display in front of the store. Council was also in receipt of a memorandum from Mr. D. Corks of the
Downtown Development Team, recommending approval and outlining the specifics of the request.
Ms. Linda Wall explained that at present the store has a visibility problem given the manner in which the
City Hall building overhangs the King Street frontage. She described the sign as a human figure
sculpture constructed of fibreglass approximately 7' high and 4' wide which would be used to model
clothing. The sculpture - sign would be located in the present location of the sidewalk sign and will likely
have to be anchored to a permanent fixture.
Moved by Councillor K. Taylor-Harrison
Seconded by Councillor Jake Smola
COUNCIL MINUTES
JANUARY 19, 1998
- 14-
CITY OF KITCHENER
"That Council allow a variance to the Sign By-law to permit an internally lit sidewalk sign not more
than 2.1 metres high and 1.2 metres wide in front of the 'Just Between Us' store at 200 King Street
West in Kitchener City Hall, with installation being subject to any required encroachment
agreement to be executed by the Mayor and Clerk to the satisfaction of the City Solicitor."
Carried.
Mr. David Smith, General Manager of Project Lift, appeared in regard to two agreements respecting the
Community Transportation Action Program. One of the agreements, listed as item #20 on the Committee
of the Whole agenda of this date involves exploration of alternate service delivery for non-emergency
medical transportation. The second agreement, as outlined in a memorandum from J. Shivas dated
January 16, 1998 and circulated this date, concerns an agreement with a private consulting firm in regard
to a pilot project to demonstrate this alternate service delivery.
Moved by Councillor B. Vrbanovic
Seconded by Councillor G. Lorentz
"That the Mayor and Clerk be authorized to execute an agreement dated January 7, 1998 with the
Province of Ontario for Community Transportation Action Program funding for a proposal to
explore Alternate Service Delivery of Non-Emergency Medical Transportation.
-and-
That the Mayor and Clerk be authorized to execute an agreement between the City and Charles
Fitzsimmons c.o.b. TechKnowledge Consulting to undertake consulting services regarding a pilot
project to demonstrate alternate service for non-emergency medical transportation."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the report of the Planning and Economic Development Committee of Council of this date be
adopted."
Council was in receipt of a report from Mr. B. Stanley in response to questions raised at the Planning and
Economic Development Committee meeting concerning modifications to the Doon South Community
Plan; in particular, Policy 2.3 involving limited residential servicing. Councillor J. Haalboom suggested
that under exceptional circumstances exemptions could be granted for individual properties. Councillor T.
Galloway suggested that Council continue to defer this issue to a future meeting where the Official Plan
Amendment is dealt with in order to consider allowing a restricted number of owners of small properties to
proceed on wells rather than on municipal water. He suggested that there is no negative impact to a
further deferral, and though he appreciates the staff concerns, he would not want to change the Plan in
such a way as to allow large scale development to proceed without municipal water. He suggested that
staff look at the possibility of allowing small land owners to proceed using private wells. Mr. B. Stanley
replied that there would be sufficient time for staff to investigate as any activity in regard to severances
and subdivision is on hold pending completion of the Blair/Bechtel Subdivision Study. Mr. T. McCabe
clarified that it is his understanding only the portion of Clause #1 of the Planning and Economic
Development Committee report pertaining to Policy 2.3 is at issue.
Moved by Councillor T. Galloway
Seconded by Councillor K. Taylor-Harrison
"That Clause #1 of the report of the Planning and Economic Development Committee of Council of
this date be amended so as to defer consideration of Policy 2.3 (limited residential servicing)
pending receipt of additional information from staff concerning the feasibility of allowing the owners
of small parcels to proceed with development in the absence of municipal water."
Carried.
The report of the Planning and Economic Development Committee of this date was then voted on clause
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
by clause.
Clause #1 - Carried, As Amended.
Clauses #2 & 5 - Dealt with under Delegations and
Carried, As Amended.
Balance of Report - Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee of this date be adopted."
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor Jake Smola
"That the report of the Finance and Administration Committee of this date be adopted."
Councillor J. Ziegler asked that Clause #5 be amended to include investigation of handout ballots for
election of Regional Council members which would be distributed to voters on voting day. Mayor C. Zehr
also advised that in regard to Clause #8 of the report, staff were unable to obtain the information
previously requested concerning a full-page advertisement in the Concordia Club Souvenir Publication. It
was suggested that consideration of this item be referred to the Finance and Administration Committee
meeting on January 26.
The report of the Finance and Administration Committee was then voted on clause by clause.
Clauses #5 & 8 - Carried, As Amended.
Moved by Councillor Jake Smola
Seconded by Councillor J. Ziegler
Balance of Report - Carried.
"That the report of the Environmental Committee of this date be adopted."
Carried.
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That the report of the Public Works and Transportation Committee of this date be adopted."
Councillor T. Galloway pointed out that in respect to Clause #2 dealing with a preferred sanitary servicing
system, that the Environmental Committee was told it would have an opportunity to review the system and
its implications prior to a Council decision. Mr. S. Gyorffy replied that in the past this has occurred during
the 30-day comment period following Council approval and in this regard, Mr. D. Mansell intends to
introduce this item at the February Environmental Committee meeting. Councillor John Smola also
advised that an active group in the Bridgeport North area will also be reviewing the system.
The report of the Public Works and Transportation Committee was then voted on and Carried.
Councillor G. Lorentz referred to a Region of Waterloo pilot project involving the use of yellow reflective
signs at school crossings, and suggested there may be applicability in other high traffic areas.
Moved by Councillor G. Lorentz
Seconded by Councillor M. Yantzi
"That Mr. D. Snow be directed to prepare a report on the possible use of yellow reflective signs,
similar to those being used in the Region of Waterloo pilot project in other appropriate areas
throughout the City, with said report to be considered at an upcoming meeting of the Public Works
and Transportation Committee."
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
Carried.
Councillor C. Weylie put Council on notice she would raise the issue of the Glasgow Street improvements
at the January 23, 1998 Capital Budget Review meeting, and also advised of an upcoming open house at
Westmount Public School on January 29 to review the Class Environmental Assessment for this area.
Councillor Jake Smola referred to the large volume of accidents at the intersection of Ottawa and Lackner
and asked that staff prepare a report on traffic activity and accidents at this intersection for consideration
as soon as possible at the Public Works and Transportation Committee.
Councillor Jake Smola advised that the Regional Airport Business Plan study team has been involved in
preparing an economic study and looking at the issue of restricted use, and in this regard, referred to an
upcoming public meeting in Cambridge. He noted that noise is a recurring factor and that Region of
Waterloo staff will be mapping out the complaints and complaint times, as well as the type of aircraft
involved. The Airport Manager will be contacting business users to query them on a possible restriction
of use involving runways 07 and 32. In addition, the Region will research the feasibility of a guided path
approach to the airport. All of the above have delayed the public meeting process by 4 to 5 months.
Councillor T. Galloway referred to the recent ice storm affecting portions of Ontario and Quebec and
questioned as to the appropriate level of involvement by the City. He asked that the matter be referred to
staff for consideration as to what can be done in the nature of financial support and asked that this matter
be referred to the Community Services Committee meeting of January 26, 1998 for consideration in
conjunction with a staff report. Mayor C. Zehr suggested that staff contact the Regional Emergency
Planning office and determine what in the way of resources are still required. Mr. J. Gazzola advised that
Deputy Fire Chief B. Kuntz has taken an active role to date and that both and he Fire Chief J. Hancock
will bring forward a report. Councillor B. Vrbanovic also asked for consideration of a possible role with an
affected municipality in Quebec. Councillor T. Galloway asked that the report also contain a
recommendation as to the amount of financial relief, as the City has contributed cash in the past.
Councillor T. Galloway referred to the clinics set up to combat the recent meningitis outbreak and
suggested that it would be appropriate for the Mayor to send a letter to the head of the Regional Health
Unit commending the staff and volunteers on their performance in organizing the vaccination clinics. He
also advised that the Country Hills Community Centre has been completed and that programming will
begin on January 26.
Mayor C. Zehr advised that the three Cities have set up three Community Health Care Forums; the first
(January 22), will deal with mental health; the second (January 29), with general community health needs;
and the third (February 12), with planning for the future and supply/demand management. He advised
that the results of these Forums will be presented to the Minister of Health.
Mayor C. Zehr also referred to the report being prepared by Planning and Development staff on
charitable casinos for consideration in the Spring and referred to a recent article outlining the British
Columbia Supreme Court decision to overturn the Province's plan for charitable casinos.
Councillor J. Haalboom referred to a recent resolution of the Township of Colbourne concerning ground
water contamination by e-coli bacteria, and asked that it be placed on the next Committee of the Whole
agenda for consideration.
Councillor G. Lorentz suggested that Council meet with senior staff in the near future to update the City's
Strategic Plan, and Mayor C. Zehr advised that he had spoken with Mr. J. Gazzola and a facilitator will be
hired and a date arranged sometime in mid-February.
Councillor G. Lorentz thanked the residents of Forest Ward for re-electing him. He also indicated his
disappointment that no media were in attendance to hear the discussion with local M.P.P.'s held earlier
this date in respect to the impact of Provincial downloading especially since local media had recently
covered a similar event in London. Councillor Jake Smola advised that the Editor of the Stanley
Park/Rosemount Community Newsletter was there to report. Mayor C. Zehr summarized the meeting
discussion involving M.P.Ps Wayne Wettlaufer and Gary Leadston during which Council expressed its
strong displeasure concerning the fact that the downloading exercise is not revenue neutral as promised.
He also pointed out that Provincial grants have decreased by $14 million during the period 1992-1997.
Mayor Zehr advised that in terms of present value, the City has reduced expenditures in taxes by
approximately 17% over that period while the impact of Provincial downloading has been in the order of
20%. He stressed the need for staff to find additional efficiencies, and raised the possibility of service
JANUARY 19, 1998
COUNCIL MINUTES
- 17-
CITY OF KITCHENER
level reductions. He criticized the Province for making such significant transfer reductions in a single year
without providing the details necessary for municipal budget preparation.
Councillor Jake Smola voiced his agreement with the Provincial initiatives, but disagreed with the speed
at which they are being implemented. Councillor J. Haalboom echoed the comments of Mayor Zehr,
noting that Kitchener has been very fiscally responsible over the years and had a plan in place to
eliminate dependency on Provincial grants within four years; however, now, and without any consultation
by the Province, municipalities are being asked to do this immediately.
Councillor C. Weyle acknowledged the assistance of Information Services staff relative to their
involvement in the past municipal election.
Council acceded to the request of Mr. R.W. Pritchard to add an additional by-law for three readings this
date pertaining to a Zoning By-law amendment (Monarch Construction Limited - Doon South Drive) which
arises out of the previously approved Clause #5 of the Planning and Economic Development Committee
report.
Moved by Councillor J. Ziegler
Seconded by Councillor Jake Smola
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to exempt certain lots from Part Lot Control - Lot 115, Registered Plan 1773
- Schueller Street
(b)
Being a by-law to provide for the establishing and laying out of parts of Briarmeadow
Crescent and Wrenwood Place as public highways in the City of Kitchener
(c)
Being a by-law to provide for the establishing and laying out of part of Briarmeadow
Crescent as a public highway in the City of Kitchener
6. (Cont'd)
(d) Being a by-law to provide for the widening of part of David Street as a public highway in the
City of Kitchener
(e) Being a by-law to repeal By-law 91-98 a Designation By-law under the Ontario Heritage Act
- 772 Hidden Valley Road
(f) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect
to Tariff of Fees Committee of Adjustment
(g) To confirm all actions and proceedings of the Council
(h) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Monarch Construction
Limited - Doon South Drive - No.95/04/W/LM
and that the same be taken as read a first time and stand referred to the Committee of the Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
C. Zehr appointed Councillor M. Yantzi as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor M. Yantzi
Seconded by Councillor Jake Smola
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of
the Committee of the Whole held this date, as attached hereto and forming part of these minutes,
JANUARY 19, 1998
COUNCIL MINUTES
- 18-
CITY OF KITCHENER
are hereby adopted and confirmed."
Moved by Councillor Jake Smola
Seconded by Councillor J. Ziegler
"That the by-laws listed on the agenda for third reading, namely:
(a)
(b)
(c) Being a by-law to provide for the establishing and
Crescent as a public highway in the City of Kitchener
(d)
Carried.
Being a by-law to exempt certain lots from Part Lot Control - Lot 115, Registered Plan 1773
- Schueller Street
(By-law No. 98-1)
Being a by-law to provide for the establishing and laying out of parts of Briarmeadow
Crescent and Wrenwood Place as public highways in the City of Kitchener
(By-law No. 98-2)
laying out of part of Briarmeadow
(By-law No. 98-3)
Being a by-law to provide for the widening of part of David Street as a public highway in the
City of Kitchener
(By-law No. 98-4)
(Cont'd)
(e) Being a by-law to repeal By-law 91-98 a Designation By-law under the Ontario Heritage Act
- 772 Hidden Valley Road
(By-law No. 98-5)
(f) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect
to Tariff of Fees Committee of Adjustment
(By-law No. 98-6)
(g)
(h)
To confirm all actions and proceedings of the Council
(By-law No. 98-7)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Monarch Construction
Limited - Doon South Drive - No.95/04/W/LM
(By-law No. 98-8)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned.
JANUARY 19, 1998
COUNCIL MINUTES
- 19-
CITY OF KITCHENER
MAYOR CLERK
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -
That City Council endorse the modifications proposed by the Regional Municipality of Waterloo for
the Doon South Community Plan, set out in the correspondence dated January 5, 1998, and
outlined in Planning and Development Staff Report PD 98/6, save and except Policy 2.3 (Limited
Residential Servicing), consideration of which is deferred and referred to a future meeting of the
Planning and Economic Development Committee pending receipt of additional information from
staff regarding the feasibility of allowing development without municipal water by the owners of
small parcels.
(As Amended)
That the Department of Planning and Development be authorized to extend the services of Royal
LePage - Strategic Advisory Services, to a maximum additional cost of $3,000, to permit the review
of additional market study reports/peer reviews and/or analyses of such reports in response to the
Market Impact Study prepared in support of Municipal Plan Amendment Application 96161SICL.
(Dealt with under Delegations and Carried, as amended)
That Councillor Mark Yantzi be appointed Chair of the Kitchener Downtown Advisory Committee;
and further,
That Councillor Karen Taylor-Harrison be appointed Vice-Chair of the Kitchener Downtown
Advisory Committee; and further,
That the Downtown Advisory Committee support the hiring of two part-time staff members to
provide adequate resources for the events that are planned.
That Councillor Karen Taylor-Harrison be appointed as Co-Chair of the Safe City Committee with
the alternate Co-Chair to be appointed within three months.
5. A.
That Zone Change Application 95/4/W/LM (Monarch Construction Limited) requesting a
change in zoning from Agricultural Zone (A-l) and Existing Use Zone (E-l) according to
By-law 85-1 to Residential Two Zone (R-2), Residential Three Zone (R-3) with a special
use provision, Residential Three Zone with a special use provision and a special regulation
provision, Residential Three Zone (R-3) with a holding provision, Residential Four Zone (R-
4) with a special regulation provision, Residential Four Zone (R-4) with a holding provision,
Residential Six Zone (R-6), Neighbourhood Institutional Zone (I-1), Neighbourhood
Commercial Zone (C-2) with a special use provision and a special regulation provision,
Open Space Zone (P-2) and Hazard Land (P-3) according to By-law 85-1, on Part of Lots 3
and 4 Biehn's Tract, Part of Biehn's Unnumbered Tract, Part of Lot 2, Beasley's New
Survey, and Lot 14, Registered Plan 594, be approved in the form shown in the attached
Proposed By-law dated December 4, 1997, subject to the Subdivision Conditions contained
in recommendation (B) below.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan.
That Subdivision Application 30T-95018 (Monarch Construction Limited) be recommended
to the Regional Municipality of Waterloo for draft approval, subject to the following
conditions:
That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
Subdivision and that the following special conditions be written therein:
The Subdivider covenants and agrees:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
51.
That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated December 1, 1997, as revised January 12, 1998,
provided that minor amendments to said plan, acceptable to the General Manager of
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
REPORTS ADOI~I'ED BY COUNCIL
Planning and Development, and not affecting the numbering of any lots or blocks may be
permitted without an amendment to this agreement. Any changes affecting the numbering
of lots or blocks shall require an amendment to this agreement to reflect such changes.
52.
That the subdivision shall be registered in nine stages, with Stage 1 consisting of Lots 1 to
116 inclusive and Blocks 117 to 137 inclusive; Stage 2 consisting of Block 1; Stage 3
consisting of Blocks 1 to 31 inclusive; Stage 4 consisting of Lots 1 to 7 inclusive and Blocks
8 and 9; Stage 5 consisting of Blocks 1 to 35 inclusive; Stage 6 consisting of Blocks 1 to 8
inclusive; Stage 7 consisting of Blocks 1 to 5 inclusive; Stage 8 consisting of Blocks 1 to 22
inclusive; and Stage 9 consisting of Blocks 1 to 36 inclusive. Further, the Subdivider
agrees that the Plan of Subdivision shall be registered in accordance with the following:
a) Stage 2 may be registered at any time;
b) Notwithstanding (a) above, Stage 1 shall be the first major stage to be registered;
c)
Stage 3 may be registered concurrently with or at any time subsequent to the
registration of Stage 1;
d)
Stages 4 and 5 may be registered concurrently with or at any time subsequent to the
registration of Stage 3;
e)
Stages 6, 7 and 8 may be registered concurrently with or at any time subsequent to
the registration of Stage 5;
f)
Stage 9 may be registered concurrently with or at any time subsequent to the
registration of Stage 8.
Further, that in the event that any combination of stages are registered concurrently in
accordance with the above, certain 0.3 metre reserve Blocks as set out in Section 65 and
certain temporary turning circles as set out in Section 72 shall not be required.
53.
That Stage 1 shall not be registered until Autumn Ridge Trail and Thomas Slee Drive are
constructed through Draft Plan of Subdivision 30T-90029 to Pinnacle Drive, together with
the re-alignment of the Thomas Slee Drive/Pinnacle Drive intersection, to the satisfaction of
the General Manager of Public Works and open to public vehicular traffic.
54.
That Stage 3 shall not be registered until the Doon Village Road Diversion is constructed
from Bechtel Drive to Doon South Drive in its final preferred alignment, to the satisfaction of
the General Manager of Public Works and is open to public vehicular traffic and 0.3 metre
reserve Blocks 128 through 137 inclusive have been opened by by-law.
55.
That the City Solicitor shall arrange for a By-law to be presented to Council, to open 0.3
metre reserve Block 168 in Registered Plan 1710 at the southerly terminus of Doon South
Drive and 0.3 metre reserve Block 38 at the westerly terminus of Autumn Ridge Trail in
Registered Plan 58M-40, as "public highway", at such time as Stage 1 of this Plan has
been registered and Doon South Drive and Autumn Ridge Trail within Stage 1 - Phase 1
have been constructed to the satisfaction of the City's General Manager of Public Works.
56.
That prior to registration of Stage 1, a modification of the plan shall be approved under the
provisions of Section 51 to include within Stage the final alignment of the extension
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
of Street A through Blocks 126 and 127 (Stage 1). The future lotting pattern adjacent to this
street extension may be included in Stage 3.
57. To submit a Lot Grading and Drainage Control Plan for approval of the General Manager of
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
Public Works, in consultation with the City's Department of Parks and Recreation, the
Regional Municipality of Waterloo and the Grand River Conservation Authority, prior to the
City's release of each stage of the Subdivision Plan for registration.
58.
That prior to any grading or construction on the site and prior to the City's release of each
stage of the Plan for registration, to submit for the approval of the General Manager of
Public Works, in consultation with the City's Department of Parks and Recreation, the
Regional Municipality of Waterloo and the Grand River Conservation Authority, a detailed
engineering design for storm water management in accordance with the approved concept
plan. Said engineering design shall include an erosion and siltation control plan indicating
the means whereby erosion will be minimized and silt maintained on-site throughout all
phases of grading and construction. The Subdivider further agrees to implement all
required measures as outlined in the approved final design.
59.
That landscape plans of the stormwater management facilities be approved by the General
Manager of Parks and Recreation prior to the registration of the appropriate stages of the
Plan of Subdivision. All landscaping of areas above the 5 year storm level shall be
installed at the Subdivider's cost, in accordance with the approved plan, during the first
planting season after occupancy of the first unit. The remainder of the planting shall
commence at such time as required by the General Manager of Parks and Recreation. The
Subdivider shall maintain the planting for a period of one year from the completion of final
planting. Landscape plans are to be prepared by an Environmental Professional
acceptable to the City.
60.
Prior to the Department of Public Works accepting storm water management ponds as
shown on the approved landscape plan, the Subdivider agrees to erect one or more
information signs at a public access(s) detailing the purpose of the pond, phone number for
further information and any other relevant information, to be approved by the General
Manager of Parks and Recreation.
61.
That the names of the streets within the Plan shall be those shown on the Plan of
Subdivision.
62.
That construction traffic to and from the proposed subdivision shall be restricted to using
Homer Watson Boulevard to Doon South Drive. The Subdivider further agrees to advise all
relevant contractors, builders and other persons of this requirement with the Subdivider
being responsible for any signage, where required, all to the satisfaction of the City's
General Manager of Public Works.
63.
To construct 1.5 metre wide concrete sidewalks along both sides of all streets in the Plan of
Subdivision, to the satisfaction of the City's General Manager of Public Works, with the
following exceptions:
a)
Knox Court, which shall only require a sidewalk along the north side between Pine
Valley Street and Walkway Block 21 (Stage 5);
b) Buerkle Court, which shall require a sidewalk along both sides; and
c)
Ayres Court, Woodfield Court, Gleneagle Court, Reynolds Court and Foxbrook
Court, for which no sidewalks shall be required;
Further, to ensure maximum tree saving potential, special consideration in the engineering
design approvals shall be given to the exact location and alignment of the sidewalk on the
south side of Autumn Ridge Trail through Topper Woods.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
64.
REPORTS ADOPTED BY COUNCIL
To obtain, from the Grand River Conservation Authority, if necessary, a Fill, Construction
and Alteration to Waterways Permit under Ontario Regulation 149 as amended by 69/93
and 669/94, prior to on-site grading, the installation of services and prior to the City's
release of any stage of the Subdivision Plan for registration.
65.
That in consideration of the wooded character of the subdivision lands and the City's desire
to minimize the impact of development on treed areas worth retaining, the Subdivider
agrees to comply with the following process in the development of the subdivision in
accordance with the City's approved Tree Management Policy and the Doon South
Community Plan/Greenspace Management Plan:
a)
to submit an implementation plan addressing the need for any rehabilitation planting,
naturalization, plant salvage or other recommended environmental measure as set
out in the approved Doon South Community Plan/Greenspace Management Plan,
for the approval of the General Manager of Planning and Development prior to any
area/rough grading. All required measures as set out in said implementation plan
shall be completed to the extent possible prior to any area/rough grading with all
such measures to be completed prior to the issuance of the first building permit
within each stage of the subdivision plan;
b)
prior to the City's release of each stage of the subdivision plan for registration, the
Subdivider shall submit the Detailed Vegetation Plan, for the approval of the City's
General Manager of Planning and Development;
c)
that no area/rough grading shall occur on the lands until such time as all approved
measures for protection of isolated trees, tree clusters and woodlands affected by
such grading have been satisfactorily implemented, the City has inspected these
measures and the Subdivider has received a written authorization from the City's
Department of Public Works to proceed with said grading;
d)
to implement and be responsible for providing all information contained in the
approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if
applicable), to all of his heirs, executors, administrators, successors and assigns in
order to ensure that the requirements outlined in said plan(s) are carried out as
specified;
e)
A Tree Preservation/Enhancement Plan will be required for those lots or blocks,
prior to applying for or having issued any building permits, which are subject to site
plan approval under Section 41 of the Planning Act, corner lots (where site service
locations and building type have not been predetermined), interior lots greater than
13.7 metres of street frontage, proposed building/structure that is located deeper on
the lot than that approved on the Detailed Vegetation Plan and/or the revised
grading will have an adverse effect on the Detailed Vegetation Plan;
f)
In the event of construction causing minor tree damage, remedial measures such as
trimming, dressing, or bark doctoring shall be implemented at the Subdivider's cost
and as directed by the Consultant who prepared the approved plan. In cases where
major irreparable tree damage is done, liability is questionable, or the tree is judged
to be unsafe in the opinion of the Subdivider's Environmental Consultant and/or the
City, each such tree shall be removed and replaced with at least one tree of equal
value based on the tree value formula as set out in the "Guide for Plant Appraisal"
International Society of Arboraculture, Latest Edition. Tree replacements are to be
located on the same lot or block as the tree requiring removal or to a location within
the subdivision requiring enhancement. Furthermore, such remedial measures or
tree replacements shall be approved by the Department of Planning and
Development and shall be satisfactorily
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
- 94-
CITY OF KITCHENER
5. Cont'd
66.
67.
REPORTS ADOPTED BY COUNCIL
implemented prior to occupancy of the unit or due to weather conditions by the next
planting season.
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with the registration of the plan of subdivision:
STAGE 1
a)
b)
c)
d)
Blocks 118 and 119 for public park purposes;
Blocks 120, 121,122 and 123 for open space purposes;
Block 124 for storm water management purposes; and
Blocks 128 through 137 inclusive, for 0.3 metre reserves.
STAGE 3
e)
f)
g)
Blocks 20 and 21 for open space purposes;
Blocks 22, 23 and 24 for storm water management purposes; and
Blocks 29, 30 and 31 for 0.3 metre reserves.
STAGE 5
h)
i)
J)
Blocks 19, 20 and 21 for open space purposes;
Blocks 22, 23, 24 and 25 for storm water management purposes; and
Blocks 31, 32, 33, 34 and 35 for 0.3 metre reserves.
STAGE 6
k) Block 6 for public park purposes;
STAGE 8
I)
m)
n)
Blocks 13, 14 and 15 for open space purposes;
Blocks 16 and 17 for storm water management purposes; and
Blocks 20, 21 and 22 for 0.3 metre reserves.
STAGE 9
o)
p)
Block 22 for open space purposes; and
Blocks 33, 34, 35 and 36 for 0.3 metre reserves.
To dedicate to the City of Kitchener through plan registration, the following lands for the
purposes stated therein:
STAGE 1
a) Block 125 for public walkway purposes; and
STAGE 3
b)
c)
Block 25 for public walkway/Storm water management access purposes; and
Block 26 for public walkway/emergency access purposes.
STAGE 4
d) Block 8 for public walkway/emergency access purposes.
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
STAGE 5
e)
f)
Blocks 26 and 27 for public walkway/storm water management access purposes;
and
Blocks 28, 29 and 30 for public walkway purposes.
STAGE 6
g) Blocks 7 and 8 for public walkway purposes.
STAGE 7
h) Block 5 for public walkway purposes.
STAGE 8
i) Block 18 for public walkway/storm water management access purposes.
STAGE 9
J)
Blocks 23, 24 and 25 for public walkway purposes.
68.
To install a permanent 1.2 metre high, paige wire fence or an alternate marking system to
the satisfaction of the City's General Manager of Parks and Recreation along the flankage
and/or rear property lines of Lots 1 through 4 inclusive, Lots 56 through 75 inclusive, Lots
108 and 109, and Blocks 122 and 123 (Stage 1); Block 1 (Stage 2); Lots 6 through 9
inclusive, Block 11 and Blocks 14 through 19 inclusive (Stage 3); Blocks 2, 5, 6, 7, 8, 10, 15
and 16 (Stage 5); Blocks 4 and 5 (Stage 6); Block 2 (Stage 7); Blocks 4 through 12
inclusive (Stage 8); and Block 1 (Stage 9), where the above lot/block lines abut open space
Blocks. The Subdivider further agrees to install a permanent 1.2 metre high, paige wire
fence or an alternate marking system to the satisfaction of the City's General Manager of
Parks and Recreation along the boundaries of Park Block 118 (Stage 1) and Open Space
Block 121 (Stage 1) and Block 21 (Stage 3) where said blocks abut existing residential
properties.
69.
That the five percent parkland dedication required for the entire plan of subdivision, being
7.08 hectares, shall be satisfied by the conveyance of Blocks 118, 119, 122 and 123 (Stage
1), Block 21 (Stage 5), Block 6 (Stage 6), Blocks 14 and 15 (Stage 8) and Block 22 (Stage
9). Further, the City shall pay to the Subdivider the fair market value for the lands over and
above the required five percent parkland contribution, being 0.81 hectares. The value of
the excess parkland to be purchased by the City shall be mutually agreed to between the
City of Kitchener and the Subdivider and the amount shall be paid to the Subdivider at the
time of conveyance.
70.
To undertake any measure required to ensure proper water pressure to the proposed
development, to the satisfaction of the City's Chief Building Official.
71.
That Block 17 (Stage 5) be reserved for the Waterloo County Board of Education. The
Subdivider agrees to obtain a letter from said School Board indicating that a satisfactory
agreement has been entered into with respect to the acquisition of Block 17 (Stage 5) for
school purposes, to be submitted to the City's General Manager of Planning and
Development, prior to the City's release of Stage 5 of the plan of subdivision for
registration. Further, the Subdivider acknowledges that Block 18 (Stage 5) may be
required for the Waterloo County Board of Education for school purposes. In the event that
Block 18 (Stage 5) is required for school purposes, the Subdivider agrees to obtain a letter
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
from said School Board indicating that a satisfactory agreement has been entered into with
respect to the acquisition of Block 18 (Stage 5) for school purposes,
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
to be submitted to the City's General Manager of Planning and Development, prior to the
City's release of Stage 5 of the plan of subdivision for registration.
72. a)
That it is acknowledged that the Doon Village Road Diversion between Bechtel
Drive and Tilt Drive is included in the City's Development Charges By-law 91-314,
as amended, and the City shall be responsible for 100 percent of the costs
associated therewith;
b)
If sufficient money is not allocated from the City's Development Charge Account to
permit the City to fund these works and the Subdivider wishes to proceed, the
Subdivider agrees to provide up-front the costs of the works;
c)
Accordingly, the City agrees to recognize any monies paid by the Subdivider for any
works or services normally paid out of the City's Development Charge Account, with
such monies representing a credit towards any City Development Charge payable
for each lot or block only within the plan. Said credit shall be granted initially for that
portion of the applicable Development Charge with respect to Engineering Services
required to be paid prior to the City's release of Stage 3 of the plan of subdivision for
registration. Any remaining credits will be granted for that portion of the
Development Charges payable prior to the issuance of building permits for those
lots or blocks identified by the Subdivider and included in a Supplementary
Agreement with the City to be registered against the title of each identified lot or
block;
d)
If the registration of the plan is staged, a Supplementary Agreement identifying each
lot or block for which credits are payable shall be registered for each stage prior to
the registration of each stage of the plan of subdivision, until there is no outstanding
balance remaining;
e)
If, following the registration of the entire plan of subdivision, there is any outstanding
balance, it shall remain with the lands to be used as a credit for future development;
f)
When no outstanding credit balance remains, then the Development Charges will be
paid in the normal manner in accordance with the City's By-law.
73.
That as part of the servicing of the Plan of Subdivision, to design, construct and upon the
opening of the appropriate 0.3 metre reserve block(s) by by-law, ultimately remove, all to
the satisfaction of the City's General Manager of Public Works, a temporary turning circle in
the following locations:
STAGE 3
a)
Block 28, until such time as Apple Ridge Drive is extended southwesterly through
Stage 5 to Tilt Drive and is open to public vehicular traffic and 0.3 metre reserve
Block 30 is opened by by-law.
b)
Block 27, until such time as Doon South Drive and Robert Ferrie Drive are extended
through Stage 8 to connect to Tilt Drive and are open to public vehicular traffic and
0.3 metre reserve Block 29 is opened by by-law.
STAGE 8
JANUARY 19, 1998
COUNCIL MINUTES
-~7-
CITY OF KITCI:IENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCI:IENER
c)
REPORTS ADOPTED BY COUNCIL
Block 19, until such time as Robert Ferrie Drive is extended southeasterly into the
abutting lands and is open to public vehicular traffic and 0.3 metre reserve Block 20
is opened by by-law.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
STAGE 9
d)
Block 29, until such time as Heathside Street is extended westerly into the abutting
lands and is open to public vehicular traffic and 0.3 metre reserve Block 34 is
opened by by-law.
e)
Block 32, until such time as Steepleridge Street is extended southerly into the
abutting lands and is open to public vehicular traffic and 0.3 metre reserve Block 33
is opened by by-law.
f)
Block 27, until such time as Thomas Slee Drive is extended westerly into the
abutting lands and is open to public vehicular traffic and 0.3 metre reserve Block 35
is opened by by-law.
Further, no building permits shall be issued for the blocks containing the above temporary
turning circles until such turning circles are removed or are not necessary as determined by
the City's General Manager of Public Works.
74.
That as part of the servicing of the Plan of Subdivision, to design, construct and upon the
opening of the appropriate 0.3 metre reserve block(s) by by-law, ultimately remove, all to
the satisfaction of the City's General Manager of Public Works, a temporary road in the
following locations:
STAGE 9
a)
Block 31, until such time as Cranbrook Street is extended westerly into the abutting
lands and is open to public vehicular traffic and 0.3 metre reserve Block 34 is
opened by by-law.
b)
Block 26, until such time as Cranbrook Street and Thomas Slee Drive are extended
easterly into abutting lands and are open to public vehicular traffic and 0.3 metre
reserve Block 36 is opened by by-law.
Further, no building permits shall be issued for the blocks containing the above temporary
roads until such temporary roads are removed or are not necessary as determined by the
City's General Manager of Public Works.
75. For the development of Lotless Blocks, the Subdivider agrees to the following:
a)
Prior to the installation of services, to submit a draft reference plan for each lot or
block, showing all required maintenance easements and eave encroachments if the
lots or blocks are proposed for zero sideyard housing, and obtain approval of the
draft reference plan from the General Manager of Planning and Development, the
General Manager of Public Works and the Commission's Engineer;
b)
The subdivider agrees that the following process shall apply for Part Lot Control
Exemption:
to submit a draft reference plan for each lot or block, showing all required
maintenance easements and eave encroachments if the lots or blocks are
JANUARY 19, 1998
COUNCIL MINUTES
-~8-
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
ii)
REPORTS ADOPTED BY COUNCIL
proposed for zero sideyard housing, and obtain approval of the draft
reference plan from the General Manager of Planning and Development, the
General Manager of Public Works and the Commission's Engineer;
to receive final approval of a Part Lot Control Exemption By-law;
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
iii)
that the draft reference plan approved above shall be deposited in
accordance with the Land Registry Act and three copies submitted to the
General Manager of Planning and Development;
iv)
no building permits shall be issued until steps (b)(i), (b)(ii), (b)(iii) and (c)(ii)
are completed and the lots and blocks are n compliance with the approved
reference plan and the approved servicing and grading plans; and
v)
any further division of lands to create additional building parcels shall require
the submission of subsequent reference plans to be approved in accordance
with steps (b)(i) and (b)(iii) above and the passing of another Part Lot Control
Exemption By-law shall not be required.
c)
Notwithstanding (b)(iv) above, in the event that only one dwelling is to be
constructed on a block in advance of final approval of a Part Lot Control Exemption
By-law, in order to ensure that the proper and orderly ultimate development of the
block is not compromised, the Subdivider agrees that prior to the issuance of any
building permits:
to submit a draft reference plan for each lot or block, showing all required
maintenance easements and eave encroachments if the lots or blocks are
proposed for zero sideyard housing, and obtain approval of the draft
reference plan from the General Manager of Planning and Development, the
General Manager of Public Works, and the Commission's Engineer; and
ii)
to obtain approval of lotting plans for each lot or block illustrating lotting,
service connections, street utility hardware and proposed grades, together
with building envelopes and driveway locations where required, in conformity
with the approved draft reference plan as set out above, from the City's
General Manager of Planning and Development.
76.
That all zero sideyard housing shall provide 1.5 metre wide easements for maintenance
and an easement allowing a maximum encroachment of 0.3 metres for eaves. The
Subdivider further agrees that the registration of such easements shall occur by way of
Grants of Easement Agreement and a reference plan. Prior to issuance of any building
permits, the Subdivider shall provide a confirmation letter to the City's General Manager of
Planning and Development which verifies that the reference plan has been deposited and
the easement documents have been prepared, worded and registered to the satisfaction of
the City Solicitor.
77.
To prepare design guidelines to apply to Blocks 2, 5, 6, 7 and 8 (Stage 8) and those parts
of Block 9 (Stage 8) and Blocks 2 and 3 (Stage 9) which abut Robert Ferrie Drive, to be
approved by the City's Assistant General Manager of Planning and Development prior to
on-site grading, the installation of services or prior to the City's release of Stage 8 of the
Subdivision Plan for registration. Said design guidelines shall be prepared to ensure that
new development is compatible with the surrounding heritage resources in terms of building
siting, mass, profile, landscaping and streetscape features.
JANUARY 19, 1998
COUNCIL MINUTES
-~9-
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
78.
REPORTS ADOPTED BY COUNCIL
To prepare design guidelines to apply to all lots and blocks within the Plan of Subdivision
which abut Tilt Drive, to be approved by the City's Assistant General Manager of Planning
and Development, in consultation with the Department of Parks and Recreation, prior to on-
site grading, the installation of services or prior to the City's release of Stages 1, 5, 6, 8 and
9 of the Plan of Subdivision for registration. Said design guidelines shall address elements
of public safety, signage, access, boundary fencing, landscaping material, maintenance
and monitoring, and shall also take into account the scenic-heritage qualities of Tilt Drive
and recommend treatment suitable to its character, including maximizing the preservation
of existing vegetation abutting Tilt Drive.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
79.
To prepare a Heritage Impact Assessment examining the Street A (Stage 1), Apple Ridge
Drive (Stage 5) and Robert Ferrie Drive (Stage 8) connections with Tilt Drive and
recommending mitigative measures to conserve the scenic-heritage qualities of Tilt Drive,
to be approved by the City's Assistant General Manager of Planning and Development, in
consultation with the Department of Public Works, prior to on-site grading, the installation of
services or prior to the City's release of Stages 1, 5 and 8 respectively of the Plan of
Subdivision for registration.
80.
To erect signage at each road connection with Tilt Drive, prior to registration of the relevant
stage of the subdivision plan, clearly setting out the City's future intent to close Tilt Drive to
vehicular traffic and incorporate the road right-of-way into the community trail system. The
location and content of said signage shall be approved by the City's General Manager of
Planning and Development.
81.
To prepare and implement a landscape easement plan to be applied to the rear of Lots 4
and 5 (Stage 3) and Lots 5, 6 and 7 (Stage 4), to be approved by the City's Assistant
General Manager of Planning and Development and registered on title of the affected lots,
prior to the City's release of Stages 3 and 4 respectively of the Subdivision Plan for
registration. Any required planting specified within the approved landscape easement shall
be installed by the Subdivider prior to the transfer of title of such lots to the first time
occupants, or in the event of winter conditions, shall be installed by June 1 immediately
following such transfer of title.
82.
To construct a 1.8 metre high wood fence or appropriate continuous landscape feature
along the boundary of Block 3 (Stage 8) where it abuts residential blocks, within one year of
the registration of Stage 8 of the Plan of Subdivision or at other such time as deemed
acceptable by the City's Assistant General Manager of Planning and Development. The
design of the wood fence or landscape barrier shall be approved by the City's Assistant
General Manager of Planning and Development prior to the City's release of Stage 8 of the
Plan of Subdivision for registration.
83.
That no further subdivision of Block 14 (Stage 5) through a plan of subdivision, part lot
control exemption by-law or consent shall be permitted until such time as the requirements
of the Wyldwoods Neighbourhood Heritage Impact Assessment have been fulfilled to the
satisfaction of the City's Assistant General Manager of Planning and Development and a
demolition permit has been issued for the heritage structure.
84.
To identify concrete transit pads at all planned transit stop locations on the engineering
servicing drawings, to the satisfaction of the General Manager of Public Works, prior to the
City's release of each stage of the Subdivision Plan for registration. The Subdivider shall
be responsible for the installation of said concrete transit pads at the time of sidewalk
installation within each stage of the plan of subdivision.
85.
That Block 9 (Stage 4) be conveyed to the abutting property for access purposes
concurrently with the registration of Stage 4 of the Plan of Subdivision.
COUNCIL MINUTES
JANUARY 19, 1998
- 30-
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
- 30-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
86.
To construct within Block 26 (Stage 3) and Block 8 (Stage 4), at the Subdivider's cost and
to the satisfaction of the General Manager of Public Works, prior to the issuance of building
permits, a dual purpose public walkway/emergency vehicular access between Ayres Court
and Buerkle Court. This design shall include a City of Kitchener gate and locking system in
order to prevent through traffic between these two streets.
87.
That no building permits shall be issued for Blocks 28 and 30 (Stage 9) until Heathside
Street and Cranbrook Street respectively are extended into the abutting lands to the west
and are open to public vehicular traffic and Blocks 28 and 30 (Stage 9) are consolidated
with abutting lands to form viable residential lots.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
88.
That the name of Street A shall be determined by City Council prior to the City's release of
Stage 1 for registration.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
That the implementing Zoning By-law for Zone Change Application 95/4AN/LM (Monarch
Construction Limited) not be presented to City Council until Subdivision Application 30T-
95018 has received Regional Draft Approval whereupon the amending Zoning By-law shall
be presented to Council for all three readings. Alternatively, three readings of the
amending Zoning By-law may be given if the City Clerk is presented with a letter from the
Regional Municipality of Waterloo advising that the Region has no objections to the
passing of the By-law.
That Knox Court be exempted from the requirement to provide an emergency access as
specified in Clause 5 of Council Policy 1-652, provided the maximum length of the cul-de-
sac is 172 metres.
That Council give consideration to the naming of Street A within the Plan of Subdivision as
"Doon Village Road" and to the renaming of the existing section of Doon Village Road from
St. Emilion Place east to Homer Watson Boulevard as "Old Doon Village Road", with such
name changes to coincide with the completion of the Doon Village Road Diversion.
89.
To monitor, at its cost, all private wells on properties along Oregon Drive, Wilfong Drive and
the south side of Doon Village Road between Tilt Drive and Doon South Drive, immediately
prior to development, during development, and subsequent to development for a period of
one year from the date of the City's acceptance of the underground services related to
Stages 1, 2 and 3. The Subdivider further agrees that if, within the stipulated monitoring
timeframe, the installation of underground services or the construction of the subdivision
causes the existing private wells to be impacted to the degree of being unable to provide an
appropriate and adequate supply of potable water, as determined by the monitoring
program, the Subdivider shall be responsible for providing a new water supply to any
affected properties, either temporarily or permanently as the case may be, to the
satisfaction of the City's General Manager of Public Works.
90. That the street name "Gleneagle Court" be changed to "Fisher Court".
(Dealt with under Delegations and Carried, as amended)
That City Council approve in principle the acquisition of a .33 hectare (.81 acre) parcel of land
described as Block 4 Stage 8 of Plan 30T-95018, at a cost $40,770 to be paid in the year 2002
through the 10 year Capital Forecast; and further,
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
- 31-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
That this request be referred for consideration as part of the 1998 Capital Budget.
COMMUNITY SERVICES COMMITTEE -
1. That staff be permitted to enter into discussions/negotiations with the Oktoberfest Lions Club and
Kitchener Minor Soccer Incorporated relative to an extension of existing agreements.
FINANCE AND ADMINISTRATION COMMITTEE -
That consideration of the request of Peitro Gagliano to exempt the property at 295 Connaught
Street from the payment of development charges in conjunction with recent construction and
duplexing, be deferred and referred to the January 26, 1998 meeting of the Finance and
Administration Committee pending receipt of additional information on the City's options in this
regard and the impact of Provincial legislation.
That the discussion of hot tubs in Adult Entertainment Establishments (body rub parlours) be
deferred pending the receipt of comments from the Regional Health Unit; and further,
That in the interim, hot tubs not be permitted in any Adult Entertainment Establishment.
That Kitchener City Council accept the recommendation of the Waterloo County Board of
Education and appoint Ms. Linda Lauber and Mr. Peter Moore to represent that Board on the
Kitchener Public Library Board for a term of three (3) years expiring November 30, 2000.
That Council appoint Kenneth F. Cressman to the Board of Directors of Project Lift Inc. for a term
expiring on November 30, 1998.
That the General Manager of Corporate Services and City Clerk submit a report for consideration
at the February 9, 1998 Finance and Administration Committee meeting outlining a process
whereby the City would implement direct election to Regional Council, and that in preparing the
above, consultation take place with the City Solicitor and the Ministry of Municipal Affairs and
Housing concerning the legal issues involved in the possible use of phone-in ballots or handout
ballots at the time of voting.
(As Amended)
That Council amend its current policy regarding appointments to Committees, Boards and
Commissions so as to require the unanimous consent of all members of Council present at the
appointment meeting in order to consider any applications submitted after the advertised deadline.
That staff set the deadline for submitting applications for Committees, Boards and Commissions,
and in so doing ensure that members of Council have a minimum of seven (7) days to review the
compiled submissions and related background information.
That consideration of the request of the Concordia Club that Kitchener purchase a full-page
advertisement in their 125th Anniversary Souvenir Publication be deferred and referred to the
January 26, 1998 Finance and Administration Committee meeting pending more detailed
information on the nature and circulation of the Publication and the merits of using it to promote
Christkindlmarket and/or City business enterprises.
(As Amended)
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
ENVIRONMENTAL COMMITTEE -
That Councillor Jake Smola be appointed Chair of the Environmental Committee for a term to
expire November 30, 1998.
That Councillor Tom Galloway be appointed Vice-Chair of the Environmental Committee for a term
to expire November 30, 1998.
That the Environmental Committee approve holding its 1998 meetings at 4:00 p.m. on the dates
listed below:
Wednesday February 4 Wednesday June 3
" March 4 " July8
" April 1 " August (none)
" April 22 " September 16
Wednesday October 7
" November 4
" December 2
ENVIRONMENTAL COMMITTEE - (CONT'D)
That we refer the following Public Works and Transportation Committee resolution ratified by
Council on December 15, 1997 to the Staff Environmental Study Group February 10th meeting for
detailed consideration and report to the Environmental Committee:
"That the staff of the Department of Public Works and the Department of Parks & Recreation be
instructed to prepare a report containing recommended policies for landscaping of Regional roads,
including the incorporation of native trees and ground cover, for presentation to the Environmental
Committee at its meeting to be held on January 14, 1998."
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That the preferred design and location for Doon Village Road, from Bechtel Drive to Tilt Drive, as
presented at the Public Open House held on November 26, 1997, be approved, and further,
That the Schedule 'C' Class Environmental Assessment Study report for this project, as amended,
be filed with the City Clerk for the mandatory 30 day public review period.
That the preferred sanitary servicing system for Bridgeport North and Lexington East
Communities, as presented at a Public Open House held on November 25, 1997, be adopted, and
further,
That the Schedule 'B' Class Environmental Assessment Study report for this project be filed with
the City Clerk for the mandatory 30 day public review period.
That, effective January 1, 1998, the natural gas rates charged in the City of Kitchener be modified
in accordance with the documentation presented to the Public Works and Transportation
Committee on January 12, 1998.
That the Mayor and Clerk be authorized to execute the 'Temporary Transportation Contract
Assignment - Partial (TCPL)' and the 'Bundled Transportation Contract', both dated November 24,
1997, and an 'Acknowledgement and Indemnity' with Union Gas Limited, and further,
That, under the direction of the General Manager of Public Works, further negotiations be pursued
with Union Gas Limited to resolve to the extent possible, outstanding City concerns with terms and
conditions contained in the two contracts described above, failing which other available remedies
be acted upon to the extent necessary to seek satisfactory resolution.
5. That the following be adopted as the Gas Purchase Policy for the City of Kitchener, namely:
1)
The basic principle of minimum cost of gas for the minimum risk should be at the forefront.
This should be accomplished by monitoring and projecting economic market forces to
JANUARY 19, 1998
COUNCIL MINUTES
CITY OF KITCHENER
COUNCIL MINUTES
JANUARY 19, 1998
- 33-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
develop a prudent purchase strategy.
2)
The purchase strategy should review a three year horizon and develop a disciplined
approach to developing a portfolio which varies the pricing and terms of the contracts to
minimize risk. Gas should not be contracted for beyond the horizon of the strategy (ie.
three years).
3)
The purchase strategy should be monitored continuously but reviewed quarterly with status
reports provided to the Public Works and Transportation Committee (PWAT).
4)
Annually, a full report with an updated strategy will be presented to PWAT for approval by
Council.
5)
To ensure market competition is used but purchasing power is maximized, the City's
expected gas supply needs will be placed with no less than 2, but no more than 4, primary
suppliers. At no time should more than 65% of the City's annual supply be placed with one
supplier.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
5. (Cont'd)
6)
The gas supply contracts will only be placed with large, financially secure suppliers with a
proven industry track record. Only suppliers with an annual supply capability of 20 Bef
(billion cubic feet) will be considered acceptable. Before supply contracts are placed, the
City must ensure that the supplier has a strong financial rating as evaluated by an
independent evaluator. The Dunn & Bradstreet minimum rating will be 1A1 (or equivalent
Moody's rating).
7)
The gas supply contracts will provide the City with options to swap between indexed and
fixed prices at market based transaction fees.
8)
The gas supply contracts will allow for the opportunity to modify volume requirements
annually based upon forecasted needs. At no time should the annual gas supply
contracted be more than 10% greater than the forecasted annual requirements.
9)
The gas supply contracts will also provide for financial coverage of the City's alternative
supply costs in the event of supplier failure to deliver.
10)
All gas purchase transactions will be authorized by the General Manager, Department of
Public Works, or designate, plus one of the City's signing officers for banking purposes.
COUNCIL MINUTES
JAN UARY 19, 1998
- 34 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER -
1. Banner Requests
It was resolved:
"That in conjunction with the designation of February as 'Junior Achievement Month', we
grant permission for the erection of a banner on King Street at Frederick and Francis
Streets from Monday, February 2, 1998 to Sunday, February 15, 1998 inclusive.
Further, that arrangements be made with the City's Contractor for erection of the banner
and the payment of any costs by the organization associated therewith."
-and-
"That in conjunction with The Canadian Junior Baseball Championships to be hosted in
Kitchener from August 20th-August 23rd, 1998 inclusive, we grant permission to Kitchener
Tournament Baseball Inc. for the erection of banners on King Street at Frederick and
Francis Streets and King Street at Francis Street from Tuesday, August 4, 1998 to
Sunday, August 23, 1998 inclusive.
Further, that arrangements be made with the City's Contractor for erection of the banner
and the payment of any costs by the organization associated therewith."
2. Engineering Agreements
i) WEST WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Cumming
Cockburn Limited, regarding Summerside Subdivision, Draft Plan of Subdivision 30T-
90031 ."
-and-
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Cumming
Cockburn Limited, regarding Glasgow Subdivision, Stages 1 & 2, Draft Plan 30T-88015."
ii) DOON-PIONEER AND FAIRVIEW WARDS
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and MTE
Consultants Inc., regarding Huron Road Location Study, Schedule B, Class EA."
JAN UARY 19, 1998
COUNCIL MINUTES
- 35 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Ontario Hydro - Park Licence Aqreement - WEST WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute a Licence Agreement with Ontario
Hydro relating to lands in the Highland West Community, more particularly described as
Part of Lot 34, German Company Tract, City of Kitchener."
4. Licences
It was resolved:
"That the following massagists be granted Massage Licences for the year 1998:
Bette Joe Schlosser
Kristin Lorenz
Tiffany Villeneuve
Melissa Berry
Joanne EIIdrissi"
5. 1998 Committee of Adjustment Fees
It was resolved:
"That Committee of Adjustment fees be increased by 2% in 1998, as recommended by the
Proforma Budget and include a $10.00 contribution to the mediation reserve fund; and
further
That the 1998 fees be effective January 21, 1998; and further
That the Legal Department be directed to prepare a bylaw to amend Chapter 375 of the
Municipal Code in this regard."
6. Amendment to Resolution - CENTRE WARD
It was resolved:
"That item B.7. of the Committee of the Whole portion of the City Council Minutes
approved December 15, 1997, be amended by including the following:
'Further, that the properties be advertised for sale by the Downtown Development Team
requesting proposals to purchase and develop the property, with all proposals being
presented to Council for consideration."'
Chanqe to Chapter 81 of The Municipal Code pertaininq to Committee of Adjustment
Consent Authority
It was resolved:
"The Clerk is hereby directed to adjust the preface of Chapter 81 of The City of Kitchener
Municipal Code - pertaining to the Committee of Adjustment Consent Authority, by
deleting the words 'effective March 28, 1995' from both the first and second paragraphs."
COUNCIL MINUTES
JAN UARY 19, 1998
- 36 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
8. Amendment to Software Licensing Agreement - Reamined Systems Inc.
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement with Reamined
Systems Inc. (executed by them on December 22, 1997), as drafted by L. MacDonald,
Assistant City Solicitor, to amend the current non-exclusive Assessment Base Software
Licensing Agreement dated August 21, 1995, with respect to a site license for the client
server application."
9. Appointment to Kitchener Public Library Board
It was resolved:
"That Kitchener City Council accept the recommendation of the Waterloo Region Roman
Catholic Separate School Board and appoint Mr. Norm Damaren to represent the Board
on the Kitchener Public Library Board for a term of three (3) years expiring November 30,
2000."
10. Change in Signing Authority (Chief Administrative Officer)
Councillor B. Vrbanovic questioned the reason for changing the signing authority at this time,
and Ms. P. Houston, Chief Financial Officer, responded that allowing the Chief Administrative
Officer to sign documents when the Treasurer is absent gives the City increased flexibility.
Mayor C. Zehr suggested that the recommendation be amended to reflect that the signing
authority referred to is in relation to banking matters only.
It was resolved:
"That the Mayor and Clerk be authorized to execute the necessary documentation
resulting from the position of Chief Administrative Officer being added as a signing
authority relative to banking matters only on behalf of the Corporation of the City of
Kitchener."
11. Minutes of Settlement - GRAND RIVER WARD
It was resolved:
"That the Mayor and City Clerk be authorized to sign the "Minutes of Settlement" relating
to the assessment appeal for Waterloo North Condominium Corporation Plan #109, 315
Heritage Drive, Kitchener, launched by Stamm Investments Limited and settled by the
Regional Assessment Commissioner for Region #21 and the tax agent for Stamm
Investments Limited."
12. Encroachment Agreement - SOUTH WARD
It was resolved:
"That subject to the issuance of a building permit, the Mayor and Clerk be authorized to
execute an Encroachment Agreement with the registered owner(s) of Part Block 5,
Registered Plan 58R-5231, known as 15 Ristau Crescent, to permit the construction of an
addition to the home, the corner of which will encroach 1', more or less, into the easement
over Part 3 on Reference Plan 58R-5231 registered as Instrument No. 864592."
COUNCIL MINUTES
JAN UARY 19, 1998
- 37 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
13. Offer to Purchase Hydro Substation #17 - CHICOPEE WARD
It was resolved:
"That the City accepts an offer from Kitchener-Wilmot Hydro to sell to the City for
$16,590.00 Substation #17 at 520 Franklin Street North, Kitchener legally described as
Part of Lot 1, Registered Plan 1152 with costs associated with purchasing this property be
charged to the 1997 Capital surplus;
Further, that the purchase be subject to a satisfactory environmental investigation to be
carried out at City cost; and
Further, that the Mayor and Clerk be authorized to execute all documentation required by
the City Solicitor to complete this transaction."
14. Special Meetinq of Members of the Association of Municipalities of Ontario - Votinq
Deleqates
It was resolved:
"That Mayor C. Zehr, Councillors M. Yantzi, B. Vrbanovic and the next three members of
Council expressing an interest in being appointed as voting delegates in connection with
the upcoming special meeting of members of the Association of Municipalities of Ontario
to be held in Toronto on February 6, 1998."
15. Sale of Tickets (Children's Hospital of Western Ontario Foundation)
Council was in receipt of a memorandum from J. Koppeser, Manager of Licensing, dated
December 18, 1997 in response to a request from the Children's Hospital of Western Ontario
Foundation for permission to sell tickets in the City of Kitchener for a draw to be held in
London on May 31, 1998. They were also in receipt of correspondence from the Executive
Director of the St. Mary's General Hospital Foundation expressing concern with the request as
it would conflict with the plans of St. Mary's Hospital to stage a Home Improvement Lottery
beginning in March of 1998.
It was resolved:
"That no action be taken on the request of the Children's Hospital of Western Ontario
Foundation for permission to sell raffle tickets in the City of Kitchener in conjunction with a
draw to be held in London on May 31, 1998."
16. Raffle Lottery - Forest Hill T-Ball Association
Council was in receipt of a memorandum from J. Koppeser, Manager of Licensing, dated
January 12, 1998 in response to a request from the Forest Hill T-Ball Association for
permission to operate a raffle.
Councillor T. Galloway enquired why this matter is before Council this date and cannot be
handled by Licensing staff, and Mr. R.W. Pritchard, General Manager of Corporate Services &
City Clerk, agreed to look into the matter and advise.
It was resolved:
"That the Forest Hill T-Ball Association Inc. be granted permission to operate a raffle
lottery in conjunction with a draw to be held on June 13, 1998."
JAN UARY 19, 1998
COUNCIL MINUTES
- 38 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
17. Property Assessment Corporation
18.
It was resolved:
"That the City of Kitchener nominate Mr. Olav den Ouden, Director of Revenue, to be a
municipal non-elected official to the Property Assessment Corporation's Board of
Directors."
Committee of Adjustment Variance - Municipal Code, Chapter 680 (Si.qn) - SOUTH
WARD
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City
Council, of January 6, 1998, recommending approval of Submission No. S 11/97 -Ottawa-
Westmount Shopping Centre - Be Ratified and Confirmed."
19. Tenders
Dealt with under Delegations.
20. Community Transportation Action Proqram Aqreements
Dealt with under Delegations.
21. Ralqreen Crescent Lawsuit- Outside Counsel
It was resolved:
"That the City Solicitor be directed to retain Weir & Foulds to defend the City's interest
with respect to Ontario Court (General Division) Action No. 1717/97 regarding Ralgreen
Crescent and to provide advice and representation on insurance issues relating thereto."
22. Massaqist Licences
Council was in receipt of three memorandums from J. Koppeser, Manager of Licensing,
concerning 1998 massagist licences.
It was resolved:
"That the following massagists be granted a massagist licence for the year 1998:
Annick Streichter
Albert Kardol
Suzanne Zehr
Deanna Doxtator"
23. Applications for Cancellation, Refund, Reduction or Levy of Taxes
Council was in receipt of a report and recommendation from R.W. Pritchard, General Manager
of Corporate Services & City Clerk, dated January 14, 1998.
It was resolved:
"That the applications attached hereto and forming part of these minutes relative to
cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."
COUNCIL MINUTES
JAN UARY 19, 1998
- 39 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
24. Consent to Transfer - 86 Howard Place
Council was in receipt this date of a memorandum from J. Shivas, City Solicitor, dated January
19, 1998 recommending that the City consent to the transfer subject to conditions.
It was resolved:
"That the City consent to a transfer from Derwyn and Irene Stilling to 1147150 Ontario
Limited of the property described as Part 4 on Reference Plan 58R-3620 and municipally
known as 86 Howard Place, Kitchener, subject to final approval of applications to the
Committee of Adjustment for minor variances respecting the location of a storage shed in
the easterly side yard and the visual planting barrier at the rear property line and to
completion of all asphalting required in accordance with approved plans by June 15,
1998."
25. Encroachment Aqreement- 20 Maurice Street
Council was in receipt this date of a report and recommendation from L. MacDonald, Assistant
City Solicitor, dated January 19, 1998 concerning an encroachment on the Maurice Street
road allowance.
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the
registered owner(s) of Lot 49, Plan 262, known as 20 Maurice Street, to permit the
extension of an existing 30" high wooden fence which will encroach 8', more or less, onto
the Maurice Street allowance."
26. Consent to Lease -487/515 Riverbend Drive
Council was in receipt this date of correspondence from J. Shivas, City Solicitor, dated
January 19, 1998 concerning consents to the lease of two properties.
It was resolved:
"That the City consent to a lease between Grerei Investment Limited and Cee Gee
Limited for the property described as Parts 2 & 3 on Plan 58R-9659 and municipally
known as 515 Riverbend Drive, Kitchener; and further,
That the City consent to a lease between Grerei Investment Limited and Brightside
Financial Services Inc. for the property described as Part 1 on Plan 58R-10075 and Part 1
on Plan 58R-11011 municipally known as 487 Riverbend Drive."